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The Tribunal struck out an appeal against a £400 pensions fixed penalty notice for want of jurisdiction, and said it would dismiss the appeal in any event.
Jsc (A Child, By Her Litigation Friend, Jkc), R (On the Application Of) v Cambridgeshire County Council [2026] EWHC 68 (Admin) (19 January 2026)
The court held Cambridgeshire County Council unlawfully missed EHC assessment deadlines for a child with ASD and anxiety, and granted a declaration despite the claim becoming partly academic.
The court held that Cambridgeshire County Council unlawfully missed statutory deadlines for an EHC needs assessment and granted a declaration despite the case becoming partly academic.
The delay in appealing was serious and significant, no good reason was provided for the delay, and balancing all circumstances, the prejudice to the appellant did not outweigh the lack of justification for the delay. Permission to appeal out of time was refused.
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The Tribunal refused permission for a late tax appeal, finding the delay was not trivial and the reasons given were inconsistent, unsupported, and unsatisfactory.
The Tribunal lacks jurisdiction because the statutory conditions for reference under section 44(2) Pensions Act 2008 are not satisfied; no timely review request was made and no review was conducted or refused within the statutory period.
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A failure to pay the correct court fee required to issue a claim form is not an error of procedure within the meaning of CPR 3.10. The error was not a breach of the CPR but a failure to comply with a statutory requirement imposed by the Lord Chancellor. CPR 3.10 does not empower the court to remedy such an error or to retrospectively validate the claim form as issued in time. The recorder was correct to conclude he had no jurisdiction to grant relief.
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The Tribunal lacks jurisdiction to hear the appeal because the statutory pre-conditions for referral under section 44(2) of the Pensions Act 2008 were not met; specifically, the review request was made outside the statutory 28-day period and no review was refused within the required timescale.
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The appellant failed to pay VAT by the statutory due date for the period 04/22 and did not establish a reasonable excuse. Notices were properly served, and the penalty was lawfully imposed under the statutory regime. Insufficiency of funds and ignorance of the due date do not constitute reasonable excuses. The Tribunal has no jurisdiction to consider fairness where the penalty is properly due.
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The appellant failed to pay VAT by the statutory deadline for period 03/21 and did not have a Time-to-Pay arrangement in place before default. The cashflow difficulties and alleged non-receipt of notices do not amount to a reasonable excuse under the law. The surcharge was correctly imposed and calculated in accordance with statutory provisions.
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